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Promotion of National Unity and Reconciliation Act, 1995 (Act No. 34 of 1995)

Regulations

Regulations relating to Assistance to Victims in respect of Higher Education and Training, 2022

18. Decision on application for assistance

 

(1) The administrator may not make any decision regarding an application for assistance before the expiry of the cut-off date referred to in regulation 14(3)(b).

 

(2)

(a) The administrator must make a decision regarding an application—
(i) submitted on or before the cut-off date referred to in regulation 14(3)(b)—
(aa) within 60 days after the expiry of the cut-off date; or
(bb) within 60 days after receipt of the application form from the dedicated official in terms of regulation 16(4),

whichever date is the lastest; or

(ii) submitted after the cut-off date referred to in regulation 14(3)(b), within 60 days after receipt of the application form from the dedicated official in terms of regulation 16(4).
(b) The time period referred to in paragraph (a) may, if the administrator has acted—
(i) in terms of regulation 17(1)(a), be extended for a period equivalent to the period required to receive the additional information or clarify the uncertainty; and
(ii) in terms of subregulation (3)(a), be extended for a period equivalent to the period calculated from the date of that notice until the date specified in that notice within which the applicant may respond.

 

(3)

(a) The administrator must, if he or she intends to refuse an application for assistance, notify the applicant in writing of the intention and the disqualifying factor and invite the applicant to respond thereto in the manner and before the date specified by the administrator in the notice.
(b) The date specified by the administrator in the notice referred to in paragraph (a) must allow for a period of at least 40 days for the applicant to respond.
(c) The administrator may, if no response has been received after the expiry of the date specified in the notice, make a decision in respect of the application for assistance.
(d) The administrator must, if a response is received from the applicant, upon receipt thereof, consider that response and make a decision in respect of the application for assistance.

 

(4) The administrator must in writing—
(a) record the decision;
(b) record the reasons for the decision;
(c) record the amount to be paid; and
(d) record the calculations made, including the calculations if any deductions are made in terms of regulation 14(4)(b) or (d).

 

(5) The administrator must, within seven days after a decision has been made, inform the applicant orally, if his or her contact particulars are available, and in writing—
(a) of the decision;
(b) of the amount of the assistance to be provided;
(c) about any deductions made; and
(d) about his or her right to lodge representations in terms of regulation 23, should the applicant be aggrieved by any decision made by the administrator in terms of these Regulations.